§ 98-154. Scope of responsibility.

(a)

The stormwater utility shall monitor the design, operation, maintenance, inspection, construction, and use of all stormwater management systems in the city. The stormwater utility shall be responsible for the design and construction of public stormwater facilities owned by the city and shall inspect, operate, and maintain them as prescribed herein. The stormwater utility shall provide services which relate to the:

• Transfer, control, conveyance or movement of stormwater runoff through Woodstock;

• Maintenance, repair and replacement of existing city owned stormwater management systems;

• Planning, development, design and construction of additional stormwater management systems and facilities to meet current and anticipated needs;

• Maintenance and/or improvement of water quality in waterways throughout Woodstock;

• Regulation of the use of stormwater management services, systems;

• Complying with the federal and state regulations related to stormwater management including the Metropolitan North Georgia Water Planning District (MNGWPD) watershed management requirements; and

• Education of the public regarding stormwater issues.

(b)

The stormwater utility shall be responsible for plan approval and construction inspection of both private stormwater systems and public stormwater systems not owned by the city. Design and construction of public or private stormwater management facilities will be governed by the criteria in the Georgia Stormwater Management Manual. Additionally, the stormwater utility may accept the responsibility for the operation and maintenance of private stormwater systems only when such services have been agreed to, contracted for, and approved by city council.

(c)

The stormwater utility shall provide for inspection of private stormwater systems to ascertain that the stormwater systems are functioning as designed and approved. The MNGWPD post-development stormwater ordinance has been adopted by the city. Property owners who fail to maintain their stormwater systems will be notified of the violation. If within 30 days (or 24 hours if there is an immediate danger to public safety), no actions are taken, the city may enter the property and correct the failure. The cost for the repair work may be billed to the owner.

(d)

The city owns or has rights established by written agreements which allow it to operate, maintain, improve and access those stormwater management systems and facilities which are located:

(1)

Within public road rights-of-way and easements;

(2)

On public land which is owned by the city, or other governmental entity, and to which the city has agreements for the operation, maintenance, improvement and access to the stormwater management system;

(3)

On private property but within easements granted to and accepted by the city, or are otherwise permitted to be located on such private property by written agreements for rights-of-entry, rights-of-access, rights-of-use or other permanent provisions;

(4)

Operation, maintenance, and/or improvement of stormwater management systems which are located on private or public property not owned by the city, and for which there has been no written agreement granting easements, rights-of-entry, rights of-access, rights-of-use or other form of dedication thereof to the city for operation, maintenance, improvement and access of such stormwater management systems, shall be and remain the legal responsibility of the property owner, except as otherwise provided for by the laws of the state and the United States; and

(5)

It is the express intent of this article to protect the public health, safety and welfare of people and property in general, but not to create any special duty or relationship with any individual person, or to any specific property within or outside the boundaries of the city. The city has expressly reserved the right to assert all available immunities and defenses in any action seeking to impose monetary damages or equitable remedies upon the city, its directors, and employees arising out of any alleged failure or breach of duty or relationship.

(e)

The stormwater utility shall provide for effective management of a uniform stormwater plan and program throughout Woodstock and provide compliance with the municipal separate storm sewer NPDES permit issued to Woodstock including but not limited to the following components:

• Public education and outreach on stormwater issues;

• Public involvement and participation;

• Illicit discharge detection and elimination;

• Post-construction stormwater management;

• Pollution prevention;

• Floodplain management;

(f)

A comprehensive listing and description of services the stormwater utility will provide will be detailed in the Stormwater Utility Implementation Guidebook. This guidebook will be completed prior to the first billing of the stormwater utility fees.

(Ord. of 5-9-2006(2))